O'Neil

The action in this case was commenced in the Nineteenth District Court of the City and County of San Francisco, against two defendants, for the purpose of having determined a right claimed by the plaintiff to certain real estate situated partly in Sacramento County and partly in Sutter County. The case is, therefore, one of the class of cases mentioned in § 392 of the Code of Civil Procedure. Service of summons was had upon one of the defendants, who appeared and answered the complaint. Ten months afterward, service was had upon the other defendant, who appeared, and moved for a change of place of trial of the action to Sacramento County. The Court denied the motion, upon the ground that it was necessary for all the defendants to join in the motion; and that is the question.

There are decisions of the Supreme Court of New York which sustain the ruling of the Court below; but- those were rendered upon a particular statute, or rule of the courts, of that State. “ By the practice of the court,” says Chief Justice Bronson, “ a motion to change the venue can only be made by all the defendants, unless a good reason is shown for their not joining *188 in the motion.” ( Welling v. Sweet,…